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DECREE No

DECREE No. 69/2001/ND-CP OF OCTOBER 2, 2001 DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON THE PROTECTION OF CONSUMERS� INTERESTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to Ordinance No.13/1999/PL-UBTVQH10 of April 27, 1999 on the Protection of Consumers� Interests;

At the proposal of the Minister of Science, Technology and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- This Decree details the implementation of the Ordinance on the Protection of Consumers� Interests, which was passed on April 27, 1999 by the Standing Committee of the Xth National Assembly of the Socialist Republic of Vietnam.

Article 2.-

1. The provisions of this Decree govern organization and individuals engaged in production of and trading in goods and services, as well as the buyers and/or users of goods and services for the purposes of meeting daily-life consumption and working requirements of organizations, individuals and families.

2. Those who purchase and/or use goods and services for purposes of satisfying consumption, daily-life needs and working requirements of organizations, individuals and families include:

a/ Goods and service purchasers and users who have purchased them for themselves;

b/ Persons who purchase goods and services for use by others, their families or organizations;

c/ Individuals, families and organizations that use goods and/or services, which have been purchased, donated or presented by others.

Article 3.- Those who purchase and/or use goods and/or services for production and business purposes shall not be governed by this Decree.

Chapter II

EFFECTING THE PROTECTION OF CONSUMERS� INTERESTS

Article 4.- All organizations and individuals engaged in production of and trading in goods and/or services (hereinafter referred collectively to as production and/or business organizations and individuals) shall have to:

1. Ensure the supply of goods and services for consumers to freely choose, freely opt to purchase them or not, accept or not accept any goods models or categories, service-providing modes or conditions.

2. Create conditions for consumers to purchase goods or use services of good quality, at reasonable prices, and to be provided with warranty and repair services as prescribed by law.

3. Fulfill their obligations as committed to consumers.

4. Publicize quality standards and strictly ensure the already publicized quality standards for goods on the list of goods subject to standard compatibility publicization; strictly comply with regulations on goods labeling, and hygiene, safety and quality inspection; carry out the accurate weighing, measuring and counting of their goods and services according to the provisions of law.

5. Ensure the quality, hygiene and safety in cases where they produce and/or trade in goods and services not subject to the quality standard compatibility publicization.

6. Supply accurate and truthful information on origin, appellations, places of manufacture, utility, peculiar properties, standards, grades, main components or ingredients, date of manufacture, certificates of quality inspection and control, instructions on operation, use and preservation of goods or services; publicly post up prices of goods and services at their outlets; hand over to consumers goods sale invoices or invoices of collection of service charges according to the regulations of the tax agencies.

7. Supply goods and services ensuring their safety and causing no adverse impacts on the environment and consumers� health.

For goods and services, the use of which may cause harms to consumers� health or adverse impacts on the environment, the production and/or business organizations and individuals must give cautions or warnings to consumers; clearly explain and instruct the use of goods together with measures to prevent possible harmful effects.

Article 5.- Production and/or business organizations and individuals must not lay down rules that contravene the law and constrain consumers in their commitments, goods sale or service provision conventions, must neither delay nor prolong the fulfillment of civil liability when they infringe upon the consumers� interests. If they commit violations, they shall be handled according to the provisions of law.

Production and/or business organizations and individuals must perform the obligation to give warranty, repair, change goods, refund money, take back the sold goods or bear other liabilities toward consumers according to the agreed commitments. They must neither delay nor refuse to perform such obligation.

Article 6.- Production and/or business organizations and individuals shall have to accept consumers� comments, criticisms and complaints about improper or inadequate performance of their responsibilities to protect consumers� interests.

Article 7.- Production and/or business organizations and individuals must give consumers instructions on rational and economical use of goods and services, as well as cautions, and request consumers to perform their own responsibility to protect their legitimate rights and interests by themselves.

Chapter III

STATE MANAGEMENT OVER THE PROTECTION OF CONSUMERS� INTERESTS

Article 8.- The Ministry of Science, Technology and Environment shall be answerable to the Government for uniform State management over the protection of consumers� interests throughout the country.

Article 9.- The General Department of Standardization, Metrology and Quality Control shall assist the Minister of Science, Technology and Environment in personally exercising the State management over the protection of consumers� interests, and have the following specific powers and tasks:

1. To organize the study and formulation of planning, plans, programs and projects, then submit them to the competent authority(ies) for approval; to draft and submit legal documents to the competent State agencies for promulgation and organization of implementation.

2. To regulate and coordinate activities with the concerned bodies of the ministries, branches and localities in protecting consumers� interests.

3. To coordinate with the concerned agencies and localities in organizing the propaganda, education, training and dissemination of legal knowledge about the protection of consumers� interests.

4. To guide, examine and inspect organizations and individuals in their observance of the legislation on protection of consumers� interests; settle complaints and denunciations; handle violations of the legislation on the protection of consumers� interests within its competence.

5. To coordinate with the competent agencies in controlling information and advertisements related to the protection of consumers� interests on the mass media.

6. To undertake international cooperation activities in the protection of consumers� interests according to its vested powers.

Article 10.- The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the ambit of their respective functions, tasks and powers, have to coordinate with the Ministry of Science, Technology and Environment in performing the following tasks:

1. Drafting and submitting to the Government for promulgation or promulgating according to their competence legal documents governing the branches and fields under their management and related to the protection of consumers� interests.

2. Directing, examining and inspecting the observance of the provisions of the legislation on the protection of consumers� interests within the ambit of the branches and fields under their management.

3. Settling complaints and denunciations and handling violations of the legislation on protection of consumers� interests within their vested powers.

4. Carrying the propagation, education and popularization of knowledge and legislation on protection of consumers� interests within the branches and fields they are in charge of.

Article 11.- Regarding a number of goods and services of special types, which are related to the living environment, their quality, prices and hygiene, the health and life of consumers, the Government assigns the responsibilities as follows:

1. The Trade Ministry shall assume the prime responsibility and coordinate with the concerned ministries in effecting the management, examination and inspection of the circulation on market of goods and services banned from production, trading, export and import or subject to conditional production, trading, export and import; the observance of already posted up prices of goods and services; handling fake goods, goods of inferior quality, goods violating the Regulation on goods labeling, and goods and services of various kinds which fail to meet safety requirements and may cause harms to consumers� health in order to prevent their circulation on the market; conducting inspection and examination of the observance of the legislation on commercial advertisements according to their competence.

2. The Health Ministry shall perform the management, examination and inspection of pharmaceuticals, medicament raw materials, medical equipment and instruments and cosmetics of various kinds that directly affect the human health, quality of fresh and raw foodstuff, industrially processed foodstuff; drinking water of all kinds, liquors and cigarettes.

3. The Construction Ministry shall perform the management, examination and inspection of all processes from planning, designing, construction to pre-acceptance test of construction works.

4. The Ministry of Communications and Transport shall perform the management, examination and inspection of quality of waterway, land and railway transport means, railway stations, ports and equipment and facilities used together with these transport means, in order to secure safety for users of transport services or consumers who purchase these means and equipment for their own use.

5. The Civil Aviation Administration of Vietnam shall perform the management, examination and inspection of air transport means, airfields, airports and facilities, equipment and tools in service of air transport.

6. The Ministry of Culture and Information shall assume the prime responsibility and coordinate with the Ministry of Science, Technology and Environment and the other specialized ministries in conducting the management, examination and inspection of activities of propagating, information and advertising goods, cultural products and services on the mass media; as well as press and publication activities as prescribed by law.

7. The Ministry of Agriculture and Rural Development shall perform the management, examination and inspection of the quality of fertilizers, veterinary and plant protection drugs, plant and animal breeds, bio-products in service of cultivation and husbandry, and livestock feeds.

8. The Industry Ministry shall assume the prime responsibility and coordinate with the concerned ministries and branches in performing the management, examination and inspection of the quality of goods being industrial explosive materials, industrial chemicals, industrial goods, machinery and equipment according to the provisions of law.

9. The Ministry of Aquatic Resources shall assume the prime responsibility and coordinate with the concerned ministries and branches in performing the management, examination and inspection of the quality of aquatic animal and plant species, feeds for aquatic animals, marine products, aquatic plant protection and aquatic animal veterinary drugs, fishing nets, fishing services.

10. The General Department of Post and Telecommunications shall perform the management, examination and inspection of prices and quality of post and telecommunications services, networks, supplies, equipment and works, as well as the Internet.

11. The Ministry of Science, Technology and Environment shall perform the uniform management, examination and inspection of scientific, technological and environmental activities, measuring and quality standards, industrial property and protection of consumers� interests according to the provisions of law.

The assignment of responsibilities for protecting consumers� interests prescribed in this Article shall be considered, amended, supplemented and/or readjusted in time to suit the socio-economic conditions in each period at the requests of the Ministry of Science, Technology and Environment and the concerned ministries and branches.

Article 12.- The People�s Committees of the provinces and centrally-run cities shall have to perform the State management in their respective localities over the protection of consumers� interests as follows:

1. To direct and urge organizations and individuals to observe the law provisions on the protection of consumers� interests in their respective localities.

2. To examine and inspect the observance of the law provisions on the protection of consumers� interests.

3. To coordinate with the concerned agencies in activities of examining, inspecting and handling violations of the legislation on the protection of consumers� interests in their respective localities.

4. To receive and settle complaints, denunciations and petitions on the protection of consumers� interests within the ambit of their powers or forward them to the competent agencies for settlement.

Article 13.- The Sub-departments of Standardization, Metrology and Quality Control under the Services of Science, Technology and Environment of the provinces and centrally-run cities shall perform the State management over the protection of consumers� interests in their respective localities.

Chapter IV

CONSUMERS� INTEREST-PROTECTING ORGANIZATION

Article 14.- The consumers� interest-protecting organization is a social organization founded on the basis of voluntariness and equality, irrespective of economic sectors, nationalities, religions, beliefs, levels and occupations of their members, and acts as a representative to protect the consumers� interests according to the provisions of law.

Article 15.- The consumers� interest-protecting organization must comply with the following principles in its operation:

1. It must be an organization representing the consumers.

2. It must not be related to trade promotion for any other production and/or business organizations or individuals.

3. It must not advertise its activities for any commercial purposes.

4. It must not exploit information and instructions given to consumers for business purposes.

5. It is not influenced by or dependent on financial assistance from organizations and individuals at home and abroad in its operation.

Article 16.- The consumers� interest-protecting organization is entitled to register its operation at local People�s Committees of all levels and must comply with the provisions of Articles 14 and 15 of this Decree and other provisions of law.

Chapter V

SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 17.- When their interests are infringed upon, consumers shall themselves or through their representatives lodge complaints and/or denunciations or initiate lawsuits according to the provisions of the legislation on complaints and denunciations.

Article 18.- Production and/or business organizations and individuals shall have to receive and settle complaints of consumers or the consumers� interest-protecting organization about their goods and/or services, then notify the latter of the settlement results; and perform their responsibility to provide goods and/or service warranty to the consumers.

Article 19.- The consumers� interest-protecting organization may receive consumers� complaints and organize conciliation between consumers and production and/or business organizations or individuals.

At consumers� requests, the consumers� interest-protecting organization shall have to guide and help consumers or represent them in lodging complaints to the competent agencies for settlement according to the provisions of law.

Article 20.- Consumers shall have to detect and denounce to competent State management agencies acts committed by production and/or business organizations and individuals against their interests, law-breaking or irresponsible acts of State agencies or officials in charge of protection of consumers� interests; may make their criticisms or proposals on the application of measures to protect consumers� interests.

The competent State agencies shall have to quickly and promptly settle complaints and denunciations of consumers according to the provisions of the legislation on complaints and denunciations.

Article 21.- Organizations and individuals that commit acts of violating the legislation on the protection of consumers� interests shall, depending on the nature, seriousness and objects of their violations, be administratively sanctioned or examined for penal liability according to the provisions of law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 22.- The Minister of Science, Technology and Environment, the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall base themselves on their respective functions, tasks and powers to guide the implementation of this Decree.

Article 23.- This Decree takes effect 15 days after its signing.

Article 24.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government

Prime Minister
PHAN VAN KHAI

LIST OF LEGAL DOCUMENTS APPLICABLE TO THE HANDLING AND SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE PROTECTION OF CONSUMERS� INTERESTS

I

The 1995 Civil Code

Article 294

Performing the obligation to hand over objects

Article 295

Performing the obligation to pay money

Article 310

Liability for compensating damage

Article 311

Liability for failure to perform the obligation to hand over objects

Article 132

Liability for failure to perform an obligation to do a task or for performance of a task not allowed

Article 313

Liability for delayed performance of a civil obligation

Article 314

Liability for delayed acceptance of the performance of a civil obligation

Article 423

Quality of the objects for sale and purchase

Article 428

Liability for handing over objects in an incorrect quantity

Article 429

Liability for handing over objects in incomplete sets

Article 430

Liability for handing over objects of the wrong kind

Article 464

Liability for intentional donation of property not under one�s ownership

Article 549

Liability for compensating damage

Article 612

Damage caused by infringements on property

Article 613

Damage caused by infringements upon health

Article 614

Damage caused by infringements on life

Article 616

Duration for enjoyment of compensation for damage caused by infringements on life or health

Article 632

Compensation for damage caused by infringement on the consumers� interests

II

The 1997 Commercial Law

Article 9

Protection of legitimate interests of producers and consumers

Clause 4

Consumers are entitled to establish organizations to protect their legitimate interests under the provisions of law

Article 245

Contents of the State management of commerce

Clause 4

Provision of guidance for rational and economical consumption

Clause 6

Control of quality of domestically circulated goods, imported goods and exported goods

III

The Penal Code

Article 156

Manufacturing and/or trading in fake goods

Article 157

Manufacturing and/or trading in fake goods being food, foodstuff, curative medicines, preventive medicines

Article 158

Manufacturing and/or trading in fake goods being animal feeds, fertilizers, veterinary drugs, plant protection drugs, plant varieties, animal breeds

Article 159

Conducting business illegally

Article 171

Infringing upon industrial property rights

Article 180

Making, storing, transporting and/or circulating counterfeit money, treasury bills and/or bonds

Article 181

Making, storing, transporting and/or circulating counterfeit checks and/or other counterfeit valuable papers

IV

Ordinances:

1.

The February 4, 1993 Veterinary Ordinance

2.

The February 4, 1993 Ordinance on Plant Protection and Quarantine

3.

The April 17, 1993 Ordinance on Execution of Civil Judgments

4.

The September 30, 1993 Ordinance on Private Medical and Pharmaceutical Practices

5.

The March 16, 1994 Ordinance on the Handling of Economic Cases

6.

The July 6, 1996 Ordinance on the Handling of Administrative Violations

7.

The May 21, 1996 Ordinance on the Procedures for Handling Administrative Cases

8.

The April 27, 1999 Ordinance on the Protection of Consumers� Interests

9.

The October 6, 1999 Ordinance on Measurement

10.

The December 24, 1999 Ordinance on the Quality of Goods

V

The Government�s decrees concerning the handling of administrative violations

1.

The Government�s Decree No.49/CP of July 26, 1995 prescribing the administrative sanctions against acts of breaking land-road and urban traffic order and safety

2.

The Government�s Decree No.88/CP of December 14, 1995 prescribing sanctions against administrative violations in cultural activities, cultural services and the prevention of and combat against a number of social vices

3.

The Government�s Decree No.01/CP of January 3, 1996 on administrative sanctions in the field of taxation

4.

The Government�s Decree No.16/CP of March 20, 1996 prescribing the sanctioning of administrative violations in the State management over customs

5.

The Government�s Decree No.22/CP of April 17, 1996 prescribing the sanctioning of administrative violations in the field of taxation

6.

The Government�s Decree No.24/CP of April 18, 1996 prescribing the sanctioning of administrative violations in the field of national defense

7.

The Government�s Decree No.26/CP of April 26, 1996 prescribing the sanctioning of administrative violations in the field of environmental protection

8.

The Government�s Decree No.77/CP of November 29, 1996 prescribing the sanctioning of administrative violations in the field of forest management and protection and forest product management

9.

The Government�s Decree No.78/CP of November 29, 1996 prescribing the sanctioning of administrative violations in the field of plant protection and quarantine

10.

The Government�s Decree No.38/CP of June 25, 1996 prescribing the sanctioning of administrative violations of the labor legislation

11.

The Government�s Decree No.49/CP of August 15, 1996 prescribing the sanctioning of administrative violations in the field of security and order

12.

The Government�s Decree No.46/CP of August 6, 1996 prescribing the sanctioning of administrative violations in the field of State management over healthcare

13.

The Government�s Decree No.48/CP of August 12, 1996 prescribing the sanctioning of administrative violations in the field of aquatic resource protection

14.

The Government�s Decree No.04/CP of January 10, 1997 prescribing the sanctioning of administrative violations in the field of land management and use

15.

The Government�s Decree No.35/CP of April 23, 1997 prescribing the sanctioning of

administrative violations in the field of State management of minerals

16.

The Government�s Decree No.48/CP of May 5, 1997 prescribing the sanctioning of administrative violations in the construction management, management of houses and urban technical infrastructure works

17.

The Government�s Decree No.57/CP of May 31, 1997 prescribing the sanctioning of administrative violations in the field of goods measurement and quality

18.

The Government�s Decree No.79/CP of June 19, 1997 prescribing the sanctioning of administrative violations in the field of State management over post, telecommunications and radio frequencies

19.

The Government�s Decree No.18/CP of February 24, 1997 prescribing the sanctioning of administrative violations in the banking field

20.

The Government�s Decree No.12/1999/ND-CP of March 6, 1999 prescribing the sanctioning of administrative violations in the field of industrial property

21.

The Government�s Decree No.49/1999/ND-CP of July 8, 1999 prescribing the sanctioning of administrative violations in the field of accountancy

22.

The Government�s Decree No.93/1999/ND-CP of September 7, 1999 prescribing the sanctioning of administrative violations in the field of statistics

23.

The Government�s Decree No.67/1999/ND-CP of August 7, 1999 detailing and guiding the implementation of the Law on Complaints and Denunciations